II 111th CONGRESS 1st Session S. 1015 IN THE SENATE OF THE UNITED STATES May 11, 2009 Mr. Burr (for himself, Mr. Isakson, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to enhance disability compensation for certain disabled veterans with difficulties using prostheses and disabled veterans in need of regular aid and attendance for residuals of traumatic brain injury, and for other purposes.

1.

Enhancement of disability compensation for certain disabled veterans with difficulties using prostheses and disabled veterans in need of regular aid and attendance for residuals of traumatic brain injury

(a)

Veterans Suffering Anatomical Loss of Hands, Arms, or Legs

Section 1114 of title 38, United States Code, is amended— (1)in subsection (m)— (A)by striking at a level, or with complications, and inserting with factors; and (B)by striking at levels, or with complications, and inserting with factors; (2)in subsection (n)— (A)by striking at levels, or with complications, and inserting with factors; (B)by striking so near the hip as to and inserting with factors that; and (C)by striking so near the shoulder and hip as to and inserting with factors that; and (3)in subsection (o), by striking so near the shoulder as to and inserting with factors that. (b)

Veterans with service-connected disabilities in need of regular aid and attendance for residuals of traumatic brain injury

Such section is further amended— (1)in subsection (s), by striking the period at the end and inserting ; and; and (2)by adding at the end the following new subsection: (t)subject to section 5503(c) of this title, if any veteran, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under subsection (r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care, the veteran shall be paid, in addition to any other compensation under this section, a monthly aid and attendance allowance at the rate of $2,820, which for purposes of section 1134 of this title shall be considered as additional compensation payable for disability. An allowance authorized under this subsection shall be paid in lieu of any allowance authorized by subsection (r)(1). . (c)

Effective date

The amendments made by this section shall apply with respect to claims filed under chapter 11 of title 38, United States Code, on or after the date of the enactment of this Act.